[Ord. No. 2303 §1, 5-7-2001]
A Land Disturbance Permit shall be required for any entity, including all public or private entities, that intends to cause or causes a condition that allows for erosion, including but not limited to stripping vegetation, clearing and grubbing land, or creating any type of land disturbance. The contractor, developer or owner that intends to cause or causes a condition that allows for erosion shall apply for a Land Disturbance Permit. Application for a Land Disturbance Permit shall be submitted to the City Permits Department for authorization from the Public Works Department. Although grading or excavating for basements, footings, retaining walls or other structures are authorized by a valid Building Permit, a Land Disturbance Permit will be required under this Chapter providing for erosion and sediment control.
[Ord. No. 2303 §2, 5-7-2001]
The following activities do not require a Land Disturbance Permit:
Refuse disposal sites controlled by other regulations that control stormwater runoff acceptable to the Public Works Director.
Agricultural activities in connection with the production, harvesting, storage, drying or raising of agricultural products and livestock.
Mining, quarrying, excavating, processing, stockpiling of rock, sand aggregate or clay where established and provided for by law.
[Ord. No. 2303 §3, 5-7-2001]
Nothing in this Chapter shall be deemed to supersede permitting requirements imposed by any law, rule or regulation of other Federal, State or local agencies, or of the City. In the event of a conflict between these requirements and any other such law, rule or regulation, the more restrictive laws, rules or regulations shall apply.
[Ord. No. 2303 §4, 5-7-2001]
Erosion and sediment control shall be an integral component of any construction project. Erosion and sediment control devices shall be installed and functional prior to site clearing grading.
The contractor, developer or owner shall at all times maintain all erosion and sediment control measures in good order and in compliance with the erosion and sediment control plan for the site and with the City's adopted standards for the duration of the permit. Products resulting from erosion, such as silt and mud, shall be contained within individual lot boundaries or project boundaries.
Best management practices (BMP) shall be performed throughout the life of the project to prevent water pollution. This work shall consist of furnishing, installing, maintaining and removing temporary erosion and sediment control measures as shown on the plans or ordered by the Public Works Director. The control of water pollution through the use of berms, slope drains, ditch checks, sediment basins, seeding and mulching, straw bales, silt fences or other erosion control devices or methods shall be used in accordance with the Design and Construction Manual. Construction of permanent drainage facilities as well as performance of other work that may effectively limit siltation shall be accomplished at the earliest practicable time. The Public Works Director may require the immediate implementation of permanent or temporary erosion and sediment control measures to prevent pollution of adjacent streams or other watercourses, streets, storm sewer systems, lakes, ponds or other areas or water impoundment.
All permanent erosion and sediment control features shall be incorporated into the project at the earliest practicable time. Temporary pollution prevention measures shall be used to correct conditions that develop during construction which were not foreseen during the design stage; that are needed prior to installation of permanent pollution prevention features; or that are needed temporarily to control erosion that develops during normal construction practices but are not associated with permanent erosion and sediment control features on the project.
All material stockpiles and storage areas will be subject to all erosion and sediment control provisions. All stockpiling of erodible materials shall adhere to design criteria according to the Kansas City, Missouri Erosion and Sediment Control Specifications approved and adopted by the City of Kansas City, Missouri, on March 18, 1994, as amended.
[Ord. No. 2303 §5, 5-7-2001]
The Erosion and Sediment Control Specifications approved and adopted by the City of Kansas City, Missouri, on March 18, 1994, as subsequently amended, is hereby fully adopted and approved by the City of Pleasant Valley, Missouri, and shall be in full force and effect in the City. All references therein to the City of Kansas City are hereby changed to the City of Pleasant Valley, Missouri.
[Ord. No. 2303 §6, 5-7-2001]
If erosion attributable to deficient control measures poses an immediate danger to life or property, or creates substantial flood or fire hazards, the Public Works Director or his/her designee shall cause the City to immediately abate the hazardous condition. The contractor, developer or owner shall pay all actual and administrative costs incurred by the City in correcting the hazardous condition within thirty (30) days. If the contractor, developer or owner shall fail to pay the City for correcting the hazardous condition, the Director of Public Works may take any or all of the actions pertaining to the penalty Section to recover all costs to the City.
Tracking Mud, Debris, Etc. In conjunction with Section 515.090 of the Code of the City of Pleasant Valley, Missouri:
Any contractor, developer or owner and/or his/her employees and/or subcontractors who deposit, spill, drop or track any dirt, earth, mud, rock, sand, shale, debris, rubbish or other material on any right-of-way shall immediately remove the material from the right-of-way. If the contractor, developer or owner and/or his/her employees and/or subcontractors fail to immediately remove the dirt, earth, mud, rock, sand, shale, debris, rubbish or other material from the right-of-way, the Director of Public Works or his/her designee may take any or all of the following actions:
[Ord. No. 2303 §7, 5-7-2001]
A fee of fifty dollars ($50.00) shall be charged for the issuance of the permit.
As determined by the City's Engineer, an escrow account or a performance bond must be set to insure the cost of installation of all erosion control materials, in the instance that the developer and/or contractor does not install materials to above specified guidelines.
[Ord. No. 2303 §8, 5-7-2001]
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 violation, make corrections and 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 this 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 penalties 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.