[Ord. No. 1535 §1, 1-21-1991]
For the purposes of this Chapter, the definitions listed hereunder shall be construed as specified in this Section:
- The proposed work or completed work conforms to this Chapter in the opinion of the City Official.
- APPROVED MATERIALS
- "Clean fill" consisting of uncontaminated soil, rock, sand, gravel, concrete, asphaltic concrete, cinderblocks, and brick as defined in Section 260.200, Missouri Revised Statutes.
- The extent of surface conditions on completion of grading.
- CITY OFFICIAL
- The City Clerk, Director of Public Works or other person appointed by the Board of Aldermen of the City of Pleasant Valley.
- CIVIL ENGINEER
- A professional engineer registered in the State to practice in the field of civil works.
- Any manmade change to improved or unimproved real property including the construction or reconstruction of buildings or structures; paving, excavation, grading, filling or similar operations; or the filing and recording of a subdivision plat.
- ENGINEERING GEOLOGY
- The application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
- The wearing away of the ground surface as a result of the movement of wind, water and/or ice.
- The mechanical removal of earth material.
- EXISTING GRADE
- The original ground surface prior to grading.
- A deposit of approved materials placed by artificial means.
- FINISH GRADE
- The final grade of the site which conforms to the approved plan.
- GEOTECHNICAL ENGINEER
- See "Soils Engineer".
- The vertical location of the ground surface.
- Any excavating or filling or combination thereof.
- LONG TERM FILL
- A filling operation which will require more than fourteen (14) days to complete.
- ROUGH GRADE
- The stage at which the grade approximately conforms to the approved plan.
- Any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
- An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
- Naturally occurring superficial deposits overlying bedrock.
- SOILS ENGINEER (GEOTECHNICAL ENGINEER)
- An engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.
- SOILS ENGINEERING (GEOTECHNICAL ENGINEERING)
- The application of the principles of soils mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/or testing of the construction thereof.
[Ord. No. 1535 §2, 1-21-1991]
No person shall make, direct, allow or cause to be made any grading, excavating or filling without first obtaining a grading permit from the City Official, except as herein provided:
An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five (5) feet after the completion of such structure.
Refuse disposal sites controlled by other regulations.
Excavations for wells, tunnels or utilities.
Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property.
Exploratory excavations under the direction of soil engineers or engineering geologists.
An excavation which is less than six (6) inches in depth.
A fill less than six (6) inches in depth and placed on natural terrain, which does not exceed fifty (50) cubic yards on any one (1) lot and does not obstruct a drainage course.
A permit shall not be issued until the applicant has complied with the provisions of this Chapter and a separate permit shall be required for each site.
The commencement of work to grade, excavate or fill without a permit, except as provided above, shall be a violation of law and is hereby declared to be a misdemeanor and subject to the penalties hereinafter set forth.
[Ord. No. 1535 §3, 1-21-1991]
Applications for permits for excavating, grading and/or filling shall be in writing signed by the owner of the property on which the activity is to take place. Said applications shall contain, as a minimum, the following information:
Owners name, street address and legal description of the property for which the permit is being applied.
Approximate amount of material to be excavated or filled.
Narrative description of the work to be performed.
For excavations where excess material is to be removed from the site, the location of the dump site shall be noted.
For filling operations where fill is to be brought in from another location, include the anticipated type of fill.
Note the awareness that, "The disposal of demolition waste is regulated by the Department of Natural Resources under Chapter 260, Missouri Revised Statutes, such waste, in types and quantities established by the Department, shall be taken to a demolition landfill or a sanitary landfill for disposal."
Note, if applicable, haul route to be used for hauling excavation or fill materials to or from the site.
Proposed starting date and an estimate of the number of days which will be required to complete the work.
Additional information may be required by the City Official to assure protection of adjacent property and public safety.
In major developments or as specifically required by the City Official, the application for a grading permit shall also be accompanied by supporting data consisting of a grading plan, soils engineering report, and engineering geology report prepared and signed by a civil engineer.
Grading, plan. The contents of the plan shall include, but not be limited to, the following information:
General vicinity of the proposed site.
Property lines identified as to existing or proposed lot and block number.
Existing and proposed structures and type.
Approximate location of drainage swales indicated by directional arrows depicting flow patterns. Spot elevations may be utilized in lieu of arrows.
Map showing the drainage area(s) and estimated runoff.
Contours of existing and proposed grades at intervals not more than five (5) feet. Intervals less than five (5) feet may be required dependent on the character of the topography.
Existing and proposed easements.
Existing and proposed utilities.
Soils engineering report. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading, including the stability of slopes.
Recommendations included in the report and approved by the City Official shall be incorporated in the grading plans or specifications.
Engineering geology report. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.
Recommendations included in the report and approved by the City Official shall be incorporated in the grading plans or specifications.
[Ord. No. 1535 §4, 1-21-1991]
The following minimum criteria for site grading shall apply to all applications for site grading:
Protective slopes around structures.
Downward slope from structure foundations to drainage swales.
Maximum gradient shall be four (4) horizontal to one (1) vertical for a minimum of four (4) feet from foundations walls.
Driveways. Driveways sloping toward buildings shall be graded in such a manner as to provide an intercepting swale draining away from the structure prior to its connection with the building.
In specific cases, the use of gradients less than or greater than those specified may be required. Variance from these requirements may be allowed where justified and approved by the City Official.
[Ord. No. 1535 §5, 1-21-1991]
Long term fills consist of filling operations which will require more than fourteen (14) days to complete. Hours of operation will be restricted to between 8:00 A.M. and 5:00 P.M., Monday through Friday. Filling operations will not be permitted on weekends or holidays.
Filling operations shall include leveling and compaction of the fill material. Excessive stockpiling of material will not be permitted. Operators of long term fills will be required to submit a detailed operational plan to the City Official for review and approval at the time of the permit application. This plan shall include a description of the type of fill material, the approximate volumes to be received on a daily or weekly basis, the methods for leveling, compacting, covering, and stabilizing the fill material. The City may require that the operational plan include installation of gates at each access to the site to restrict unauthorized entry, and that signs be posted to indicate acceptable fill materials.
Fills shall be covered with a minimum of six (6) inches of topsoil suitable for grass cover and be finish graded to provide a smooth, uniform surface. Erosion of the finish grade shall be promptly corrected. After the fill has been completed the property owner shall seed, mow and maintain the fill area.
If at any time the City has reason to believe that the fill is being operated in violation of the permit, the City has the right to immediately suspend filling operations, inspect the site, and obtain soil borings or core samples from the site to check for contamination of the fill material. Once the inspections, and tests are completed, the City shall provide the permit holder with written notification of any violations. If the violations have not been corrected by the property owner within thirty (30) calendar days from receipt of written notice, the City may close the fill and complete or correct the work in accordance with the provisions of Section 515.120.
[Ord. No. 1535 §6, 1-21-1991]
Employees of the City or their agents shall have the right to enter upon the site to make all reasonable inspections and tests at any time that grading or excavating is in progress or after the grading operations have been completed.
[Ord. No. 1535 §7, 1-21-1991]
In major developments, or as specifically required by the City Official, a detailed sediment and erosion control plan shall accompany all grading plan applications. The implementation of the approved plan shall be concurrent with site grading activities for the proposed development and shall remain in effect until the completion of the development. The plan submitted shall address the type and characteristics of the soils within the development and an indication shall be made of the potential erodibility of the site during construction operations. Methods to prevent sedimentation and erosion of the site shall include, but not be limited to, chemical treatment of the soil, siltation basins, mulches and netting. Protective measures proposed to be utilized should be dependent upon the degree of erodibility of the site.
[Ord. No. 1535 §8, 1-21-1991]
Nothing in this Chapter contained shall prevent anyone performing public work in the grading of streets or making of improvements thereof, from putting necessary materials at such places as may be prescribed by the specifications of his/her contract, or as may be approved by the City Official.
[Ord. No. 1535 §9, 1-21-1991]
It shall be the responsibility of the property owner to prevent any dirt, earth, rock, sand, shale, debris, rubbish, or other materials from being deposited, spilled or dropped on any street in the performance of the work. In the event that mud and debris become deposited on existing streets the property owner shall promptly restore the roadways to their former condition to the satisfaction of the City Official.
[Ord. No. 1535 §10, 1-21-1991]
The City shall review and approve the proposed haul routes to the site. Equipment and trucks entering and leaving the site shall comply with all applicable local and State weight limit restrictions.
Public roadways adjacent to the fill site will be inspected by the City Official prior to commencement and after completion of grading operations. The applicant shall be responsible for repairs to restore the roadway to its former condition to the satisfaction of the City Official.
Operators of long term fills will be required to enter into an agreement with the City for the maintenance of public roadways that are included on the designated haul route. This agreement shall be finalized prior to issuance of the grading permit, and failure to comply with the terms of the agreement shall constitute grounds for suspension of work by the City.
[Ord. No. 1535 §11, 1-21-1991]
The City recognizes there is some need for interpretation of the provisions of this Chapter and other ordinances, the issues of public safety and the legitimate exercise of the law enforcement powers shall prevail.
[Ord. No. 1535 §12, 1-21-1991]
The permit authorized by this Chapter shall state the date issued and include a date when work shall commence. The permit shall further state the date when work shall be completed. If work is not completed by the date specified, the permit expires and a new permit must be obtained.
In the event that the permit holder fails to complete the work by the indicated completion date, and fails to make application for a new permit; the City, after thirty (30) calendar days written notice, may elect to complete the work, or portions thereof. All related costs incurred by the City during performance of the work shall be the responsibility of the permit holder. Should the permit holder fail to reimburse the City for the work, these costs may be assessed and collected as a lien upon the property affected thereby.
[Ord. No. 1535 §13, 1-21-1991]
If any Section, Subsection, sentence, clause or phrase of this Chapter or any Technical Code referred to by this Chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. Any part or Section of this Chapter 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. 1535 §14, 1-21-1991]
Any person who shall violate any provisions or the requirements of this Chapter or shall fail, neglect or refuse to comply with any provision, regulation or requirement thereof shall stop the violation, make corrections to conform to this Chapter and be deemed guilty of a misdemeanor and upon conviction of any such violation shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or confinement to a municipal correction institution for a term of up to ninety (90) days, or by both such fine and imprisonment for each and every day that such violation continues. Any person who, having been notified of violation under this Chapter, shall continue to violate the provisions of the Chapter 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 for violation shall be a separate and distinct offense for which a person may be again arrested, tried, convicted and punished as in the past instance. The notice provided may be delivered in person or certified mail addressed to the owner as shown on the tax records of the City of Pleasant Valley, Missouri.
[Ord. No. 1535 §15, 1-21-1991]
If any word or part of this Chapter shall be deemed invalid or unenforceable, then it is the intent of the Board of Aldermen that the balance shall be deemed valid and if the whole Chapter is not deemed valid, then the repeal of prior ordinances to regulate excavation and grading would remain in force as if not repealed. In construing this Chapter, it is the intent to provide for public safety and to place upon those persons who grade, excavate and/or fill the obligation to protect third parties and to hold the City harmless. "Person or persons" as used herein shall mean individuals, partnerships, private and public corporations or any other legal entity.