[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.
[R.O. 2012 § 515.020; Ord. No.
67 § B, 4-4-1977; Ord. No. 169, 6-21-1994; Ord. No. 510, 8-11-2021]
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 Administrative Officer to do so.
B.
Excavation Permit. Any person desiring an excavation permit shall
make written application therefore to the Administrative Officer 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 Administrative Officer, 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 Administrative Officer
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 in accordance
to Resolution 489, available in the City Clerk's Office. The failure
of the 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 City Administration offices are 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 Administrative Officer 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 Administrative Officer 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.
[Ord. No. 541, 6-21-2023]
A.
LAND DISTURBANCE
1.
2.
3.
4.
Definition. As used in this section, the following terms shall have
the meanings indicated:
Activities that alter the natural state of the land surface,
including, but not limited to:
Land clearance, such as clearcutting and deforestation.
Residential grading, excavating, and filling with the intent
to develop property.
Commercial grading, excavating, and filling with the intent
to develop property.
Clearing vegetation that results in the drastic change of the
property topography resulting in a concentration of runoff and stockpiling
of erodible materials.
B.
Land Disturbance Permit Required.
1.
No person shall engage in land disturbance activities within
the City of Kimberling City for areas under one (1) acre without first
obtaining a valid land disturbance permit from the City of Kimberling
City or designated authority.
2.
For any disturbance of one (1) acre or more in total, a land
disturbance permit must also be obtained from the Missouri Department
of Natural Resources.
3.
The land disturbance permit application shall be submitted to
the City of Kimberling City, accompanied by the required fee, and
include the following information:
a.
Name and contact information of the permittee.
b.
Site location and legal description of the proposed land disturbance
area.
c.
A site plan showing existing and proposed contours, erosion
and sediment control measures, stormwater management facilities, and
any other relevant details as required by the City of Kimberling City
Building Department.
d.
Erosion and sediment control plan that demonstrates compliance
with the Missouri DNR guidelines.
e.
Any additional information or documents deemed necessary by
the City of Kimberling City Building Department.
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The Building Official shall review the land disturbance permit
application within a reasonable time frame and may conduct site inspections
to ensure compliance with all applicable regulations. The land disturbance
permit shall be issued only if the permittee has satisfied all requirements
and provided sufficient documentation.
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D.
Land Disturbance Procedures.
1.
The permittee shall implement erosion and sediment control measures
as specified in the approved land disturbance permit and in accordance
with the Missouri DNR guidelines. Erosion and sediment control measures
shall include, but are not limited to, the installation of silt fences,
sediment basins, erosion blankets, and appropriate stabilization practices.
2.
The permittee shall adhere to best management practices for
stormwater management, sediment control, and vegetation protection
during and after land disturbance activities.
3.
Regular inspections shall be conducted by the permittee to ensure
the proper functioning of erosion and sediment control measures, and
any necessary maintenance or repairs shall be promptly addressed.
4.
The permittee shall comply with any additional requirements
or conditions specified in the land disturbance permit issued by the
City of Kimberling City Building Department.
E.
Penalties. Violation of this Section, including conducting land disturbance
activities without a permit or failure to comply with the required
regulations, shall be subject to penalties as determined by the City
Code Enforcement Official as follows:
1.
A stop work order will be issued as a first warning by the City
Code Enforcement Official requiring corrective actions, including,
but not limited to, obtaining a permit and revocation of an existing
permit for non-compliance or violation of any provisions of City ordinances.
2.
A fine of five hundred dollars ($500.00) for the second offense.
3.
A fine of one thousand dollars ($1,000.00) per each offense
thereafter.
4.
Every twenty-four (24) hours shall be considered a new offense.
