[Ord. No. 9060, § 1, 8-2-2001]
The purpose of this article of the Code pertaining to grading
is to provide for the proper grading, filling, excavation, altering,
and disturbance of the land surface. Therefore, the provisions of
this article are designed to protect life, property and the environment
from loss, injury and damage by pollution, erosion, dust, settlement,
siltation, or other potential hazards and nuisances as may result
from the uncontrolled disturbance of the land surface.
[Ord. No. 9060, § 1, 8-2-2001]
As used in this article, the following terms shall have the
meanings indicated:
Altering of the present surface of the ground, excavation,
fill, in-place ground modification, movement of earth or rock, change
in existing ground cover (vegetative and nonvegetative), change in
the existing topography, or any combination thereof, including the
establishment of a ground surface following the construction or demolition
of a structure.
[Ord. No. 9060, § 1, 8-2-2001]
(a)
No person shall perform grading, cause grading, contribute to grading
or allow grading without first filing an application with the Director
of Public Services and obtaining a grading permit except as provided
in this article.
(b)
The fee for a grading permit shall be as set by the Council by resolution
from time to time, which shall include two inspections. Additional
inspections shall be as set by the Council by resolution from time
to time. Whenever any work for which a permit has been commenced without
first obtaining said permit or when a permit is revoked, a special
investigation shall be made before a permit is issued or reinstated.
An investigation fee as set by the Council by resolution from time
to time, in addition to the permit fee, shall be collected whether
or not a permit is subsequently issued. Payment of the investigation
fee shall not exempt any person from compliance with all the provisions
of this Code nor from any penalty prescribed by laws.[1]
(c)
The issuance of a grading permit shall not authorize any person to
unreasonably alter, increase, or redirect the surface water runoff
so as to cause harm to any person or property.
[Ord. No. 9060, § 1, 8-2-2001]
(a)
The permit application for a grading permit shall be accompanied
by a grading schedule and three copies of a grading plan except as
provided in this article.
(b)
The plan shall include as deemed necessary by the Director of Public
Services contours at two-foot intervals, first floor elevation of
buildings on or proposed on the site, the elevation of the actual
ground surface and proposed ground surface, watercourses, erosion
and sediment control, dust control, final surface vegetation or nonvegetation,
grading material, surface water runoff calculations, metropolitan
sewer district review and the seal of a professional engineer licensed
in the State of Missouri.
(c)
When the City Council has approved the development plan of a subdivision,
or when the Planning and Zoning Commission has approved the site plan
for a multiple-family, commercial, industrial or institutional project,
a grading plan is not required unless the Director of Public Services
requires further information to determine that the grading will be
performed in accordance with this article.
[Ord. No. 9060, § 1, 8-2-2001]
(a)
No grading permit shall be required for the temporary depositing
of clean uncontaminated earth, rock or stone on occupied property
for the purpose of landscaping or gardening on such property provided
there is no change of elevation of the ground surface except for installing
landscaping berms less than one foot high and less than 100 square
feet.
(b)
No grading permit shall be required for the construction of a single-family
residence, addition or accessory structure, driveway or retaining
wall, utility excavation, removal of underground storage tank, or
demolition of a structure when a valid permit has been obtained under
the codes of the City of Kirkwood for such activity.
(c)
No grading permit shall be required for work performed by the City
of Kirkwood.
[Ord. No. 9060, § 1, 8-2-2001]
No grading permit shall be issued where the Director of Public
Services finds that the proposed grading plan does not satisfy the
standards for grading established in this Code.
[Ord. No. 9060, § 1, 8-2-2001]
The standards for grading shall apply to all grading within
the City of Kirkwood whether grading is performed with or without
a grading permit.
(a)
All grading shall be performed with clean uncontaminated earth or
rock which does not contain any garbage, refuse, rubbish, trash, construction
waste, demolition waste, concrete, asphaltic concrete, wood, lumber,
or vegetation matter, such as trees, limbs, brush, leaves, yard waste,
roots, shrubs, shrubs with roots, and tree trunks.
(b)
Grading shall be performed in such a manner as not to cause or allow
the natural or established watercourse to be diverted or reduced in
capacity except as specifically approved as part of an approved building
permit, subdivision development, site plan development, grading permit,
or authorization of the Metropolitan Sewer District.
(c)
Grading shall be performed in such a manner as not to disturb a natural
or established watercourse by reducing the capacity of the watercourse
or diverting the water flow, except as specifically approved as part
of an approved building permit, subdivision development, site plan
development, grading permit, or authorization of the Metropolitan
Sewer District.
(d)
Grading shall be performed in such a manner as not to cause or allow
sediment on adjacent property, public property (including street pavements
and sidewalks), or to cause or allow pollution of a watercourse.
(e)
Grading shall be performed in such a manner as not to cause or allow
the blowing and scattering of dust particles on adjacent property,
public or private.
(f)
During grading operations and until ground cover is established,
interim siltation and erosion control in the devices or procedures
shall be required and shall be maintained to function at their design
capacity to prevent sediment, erosion or pollution on adjacent properties,
public property, or in watercourses. The Director of Public Services
shall approve erosion and sediment control devices and procedures.
(g)
A land disturbance permit shall be obtained from the Missouri Department
of Natural Resources when a land surface area of five acres or greater
is disturbed.
(h)
Grading shall be performed in such a manner as prevent the ponding
or pooling of water during grading operations and upon the final graded
surface.
(i)
During grading operations and until ground cover is established,
adjoining properties shall be protected from dust, deposit of mud
or silt or erosion damage.
(j)
The grading shall be performed in such a manner as not to unreasonably
alter, increase, or redirect the surface water runoff so as to cause
harm to any person or property.
(k)
During grading operations the grade of the ground, and upon completion
the final graded surface shall not exceed a slope steeper than three
horizontal to one vertical unless specifically authorized in the grading
permit.
(l)
All grading operations shall be carried out promptly in such a manner
as to minimize inconvenience and harm to adjacent properties and property
owners, and to expose the smallest practical area of ground for the
least time.
[Ord. No. 9060, § 1, 8-2-2001]
The Director of Public Services or his authorized representative
may revoke the grading permit should the applicant fail to meet the
approved schedule or fail to conform to the standards for grading
in this article.
[Ord. No. 9060, § 1, 8-2-2001]
The Director of Public Services or his authorized representative
may enter the premises at any reasonable time to perform inspections
and the duties imposed by this Code.
[Ord. No. 9060, § 1, 8-2-2001[1]]
Any person, firm, or corporation who shall violate any provision of this chapter or shall fail to comply with any requirement thereof, shall, upon conviction thereof, be guilty of an ordinance violation, punishable as prescribed in § 1-8 of the Code of Ordinances of the City of Kirkwood. Each day's violation of, or refusal or neglect to comply with, any provision of this article or the Code hereby adopted, shall constitute a separate and distinct offense.
[Ord. No. 9060, § 1, 8-2-2001[1]]
Any person who shall continue any work after having been ordered to stop work, or been served with a stop-work order by posting on the property or first-class mail, shall be guilty of an ordinance violation, punishable as prescribed in § 1-8 of the Code of Ordinances of the City of Kirkwood. Each day's violation of, or refusal or neglect to comply shall constitute a separate and distinct offense. However, with written authorization of the Director of Public Services, work as specifically authorized and directed shall be performed to remove a violation or unsafe condition.
