[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]
A.
The
following activities do not require a Land Disturbance Permit:
1.
Refuse disposal sites controlled by other regulations that control
stormwater runoff acceptable to the Public Works Director.
2.
Agricultural activities in connection with the production, harvesting,
storage, drying or raising of agricultural products and livestock.
3.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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.
A fee
of fifty dollars ($50.00) shall be charged for the issuance of the
permit.
B.
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.
