Kimberling City, MO
Stone County
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Table of Contents
Table of Contents
[R.O. 2012 § 515.010; Ord. No. 67 § A, 4-4-1977]
A. 
By reason of thawing of frost, or rains, or due to new construction, whereby the roads are in a soft condition, the Board of Aldermen may designate certain streets to be limited to the use of passenger vehicles only, upon the passage of a duly authorized resolution.
B. 
Upon adoption of each such resolution, the City Engineer within two (2) days, shall cause to have erected a sign at the intersection of the restricted street and the nearest unrestricted street or road. If required, additional signs shall be erected along the restricted street. A notice of such resolution shall be posted at the City office. Upon termination of said resolution, the signs shall then be removed.
C. 
Any person, firm, or corporation violating Subsection A of this Section, shall be fined not less than one dollar ($1.00), nor more than five hundred dollars ($500.00).
[R.O. 2012 § 515.020; Ord. No. 67 § B, 4-4-1977; Ord. No. 169, 6-21-1994]
A. 
Permit Required. It shall be unlawful for any person to dig up or in any manner make any excavations in or across any street, sidewalk, or public place in the City without having obtained a Permit from the City Engineer to do so.
B. 
Excavation Permit. Any person desiring an Excavation Permit shall make written application therefore to the City Engineer which shall designate the place of such excavation with reasonable certainty and the reasons a necessity exists for such digging or excavation. If such digging or excavation is intended to be made for a necessary and lawful purpose, the City Engineer shall issue such Permit.
C. 
Permittee's Duty To Backfill. By his/her acceptance of an Excavation Permit, the permittee agrees to properly backfill any excavation made by him/her pursuant to his/her Permit.
D. 
Restoration Fees. The restoration fee to be paid by applicants for an Excavation Permit to cover the cost of restoring the surface after the backfilling of excavations shall be five hundred dollars ($500.00). When the surface is restored by the permittee in a manner satisfactory to the City Engineer, the fee paid by such permittee shall be refunded to such permittee; and if the surface is restored by the City, such fee shall be applied toward the cost of restoration and the excess, if any, shall be refunded to the permittee; and if the fee is not sufficient to cover the cost of restoration of the surface by the City, the permittee shall be liable to the City to the extent that the costs to the City exceed the amount of the fee.
E. 
Protection Of Persons And Property. Permittees under this Section shall erect and maintain such barriers, warning signs and lights, and take such other precautions as may be necessary to adequately safeguard life, limb and property; and shall comply with any lawful requirements which the Board of Aldermen or the City Engineer may impose.
F. 
Work Done Under Permit To Be Prosecuted Diligently. All work done pursuant to an Excavation Permit shall be prosecuted diligently and without avoidable delay, to the end that all excavations shall be backfilled and the repair and restoration work completed within a reasonable time. Whenever, in the opinion of the City Engineer, a permittee fails to meet the requirements of this Section, he/she shall notify the delinquent permittee that the work must be completed and the excavation backfilled within a period of time to be stated in the notice; and the failure of permittee to comply with such notice shall constitute a violation of this Section.
G. 
Procedure In Emergency Cases; Temporary Waiver Of Requirement For Permit. In case of an emergency where the public health or safety is in danger and the office of the City Engineer is not open, the provisions of this Section relating to the issuance of permits prior to commencement of work of excavation shall not apply. In such case the person making the excavation shall notify the Police and Fire Departments that the emergency work is being commenced and the location thereof, and the work may proceed immediately, following the provisions set forth in this Section. Final surfacing or temporary patches shall not be applied to the excavation until such time as the City Engineer has inspected and approved the backfill and issued a permit therefor. Application for the permit shall be made on the first day on which the office of the City Engineer is open after the work is commenced.
[R.O. 2012 § 515.030; Ord. No. 124 §§ I, II, 4-3-1989; Ord. No. 169, 6-21-1994; Ord. No. 314, 7-17-2007; Ord. No. 317, 8-21-2007]
A. 
Any construction or site development that requires a permit, requiring delivery of or removal of concrete, sand, brick, asphaltic concrete, gravel or crushed rock, fill, topsoil, rock or other type materials to or from a proposed building site shall be on designated routes provided by a competent official. A performance bond shall be collected in the amount of one percent (1%) of the total cost of construction for all projects, not to be less than five hundred dollars ($500.00). This bond shall be collected before any work commences on any site. Any damage to City property shall be determined by a competent City Official as soon as practical, but no later than the scheduled completion date of the project. It shall be the responsibility of the applicant to inform the City of the completion date. The bond shall be refunded if there is not any damage to City property. Cost of repairs exceeding the bond shall be collected from the bond provider before any further work is allowed.
B. 
Each applicant for a building permit shall present to the Building Inspector or other competent official receipts showing that all previous obligations have been satisfied in full. No permit shall be issued if the applicant has any outstanding obligations to the City. Insolvency or bankruptcy of any individual or business organization shall be no defense to this requirement.
[R.O. 2012 § 515.040; Ord. No. 266, 5-7-2002]
A. 
Any tree that measures six (6) inches in circumference at four (4) feet five (5) inches above ground level shall be saved or replaced with a tree with a minimum six (6) inches circumference at four (4) feet five (5) inches above ground and shall be hardy to this region. This requirement shall not apply if existing trees are spaced throughout the lot in sufficient numbers to meet the requirement of one (1) tree per two thousand five hundred (2,500) square feet — or fraction thereof — of lot size, one (1) of which shall be located in front of the building line.
B. 
The property owner and their successors shall be responsible for the care and maintenance of the replacement tree for eighteen (18) months following the planting. If the replacement tree should die within the eighteen-month period, a new tree must be planted by the owner and a new period of eighteen (18) months will begin as above.
C. 
It shall be the responsibility of the property owner to submit a plan that shall have the location of planned replacements or existing trees as required. The plan must be submitted prior to receiving a building permit.
D. 
Trees that are standing dead or severely damaged by termites, lightning or other acts of God and are removed as a safety precaution are exempt from replacement requirement.
E. 
It shall be the responsibility of the property owner to submit a plan for grading, strawing, seeding or application of other landscaping materials to control soil erosion on land that has been excavated, filled or otherwise disturbed during construction and/or tree removal.
F. 
If compliance with the provisions and conditions provided herein has not been met prior to the request of or an occupancy permit, the property owner shall deposit a performance bond of five hundred dollars ($500.00) until such compliance is met within six (6) months of occupancy permit.
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Cross Reference: As to topography, natural vegetation and natural watercourse in subdivision, § 410.110.