[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.
"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.
The City Clerk, Director of Public Works or other person
appointed by the Board of Aldermen of the City of Pleasant Valley.
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.
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.
The original ground surface prior to grading.
A deposit of approved materials placed by artificial means.
The final grade of the site which conforms to the approved
plan.
See "Soils Engineer".
The vertical location of the ground surface.
Any excavating or filling or combination thereof.
A filling operation which will require more than fourteen
(14) days to complete.
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.
An engineer experienced and knowledgeable in the practice
of 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]
A.
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:
1.
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.
2.
Cemetery graves.
3.
Refuse disposal sites controlled by other regulations.
4.
Excavations for wells, tunnels or utilities.
5.
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.
6.
Exploratory excavations under the direction of soil engineers or
engineering geologists.
7.
An excavation which is less than six (6) inches in depth.
8.
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.
B.
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.
C.
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]
A.
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:
1.
Owners name, street address and legal description of the property
for which the permit is being applied.
2.
Approximate amount of material to be excavated or filled.
3.
Narrative description of the work to be performed.
a.
For excavations where excess material is to be removed from the site,
the location of the dump site shall be noted.
b.
For filling operations where fill is to be brought in from another
location, include the anticipated type of fill.
c.
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."
d.
Note, if applicable, haul route to be used for hauling excavation
or fill materials to or from the site.
4.
Proposed starting date and an estimate of the number of days which
will be required to complete the work.
B.
Additional
information may be required by the City Official to assure protection
of adjacent property and public safety.
C.
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.
1.
Grading, plan. The contents of the plan shall include,
but not be limited to, the following information:
a.
General vicinity of the proposed site.
b.
Property lines identified as to existing or proposed lot and block
number.
c.
Existing and proposed structures and type.
d.
Approximate location of drainage swales indicated by directional
arrows depicting flow patterns. Spot elevations may be utilized in
lieu of arrows.
e.
Map showing the drainage area(s) and estimated runoff.
f.
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.
g.
Existing and proposed easements.
h.
Existing and proposed utilities.
2.
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.
3.
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]
A.
The
following minimum criteria for site grading shall apply to all applications
for site grading:
1.
3.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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.
